Communications Ministry cleared Proposal enabling TRAI to act like a Civil Court

The apex decision-making body of the communications ministry cleared the proposal to enable the Telecom Regulatory Authority of India (TRAI) to act like a civil court. The communication ministry’s decision to approve the proposal resulted in more powers for the watchdog. TRAI was thus put at par with the Securities and Exchange Board of India and the Competition Commission of India.

TRAI had been argued that transferring the spectrum mandate to it would ring in more transparency. With the power to act like a civil court it would be able to carry out regular audits and ensure this scarce national resource is used optimally.

TRAI’s new powers are to be mentioned in the upcoming National Telecom Policy 2012.

The telecom regulator can thus now summon persons, examine them on oath, demand documents and evidence on affidavits and, in appropriate cases, call for expert assistance in conducting.

The Telecom Commission took a broad decision that the regulator, TRAI must be strengthened and must be empowered to discharge its duties. TRAI had been demanding additional powers since 2006, but its requests were spurned by former telecom ministers A Raja and Dayanidhi Maran.

It was however not clarified whether TRAI would be permitted to penalise operators for non-compliance of the terms and conditions of their licence.

Telecom minister Kapil Sibal had earlier cleared a long-pending demand by TRAI which claimed that the regulator be entrusted with the task of managing spectrum — the radio frequencies on which mobile communication signals travel. Again the telecom department in December 2011 granted TRAI’s demand that it be allowed to undertake periodic audits of all the airwaves held by mobile phone companies and other government agencies.